Filing # 164267645 E-Filed 01/06/2023 04:26:36 PM
`
`IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT,
`IN AND FOR MIAMI-DADE COUNTY, FLORIDA
`FAMILY LAW DIVISION
`
`Case No.: 2021-13 706-FC-04
`
`Section: FC 206 (Hon. Bernstein)
`
`Respondent/Wife._/REQUEST FOR HEARING
`
`IN THE MARRIAGE OF:
`
`ULYSSES DIAZ DE VILLEGAS,
`
`Petitioner/Husband,
`
`and
`
`TIRZA DIAZ DE VILLEGAS,
`
`SPECIAL SETTING
`1.Motion for which hearing requested:
`Index# 117: UMAT INVESTMENT GROUP CORP., SHALOM BUSINESS AND
`ACCOUNTING, AND STYLES AUTO SALES’ MOTION TO QUASH
`SUBPOENA DUCES TECUM WITHOUT DEPOSITION AND FOR
`PROTECTIVE ORDER- filed 08/04/2022
`
`Evidentiary (requires testimony)
`[courtesy copy of motion(s) attached]
`
`non-evidentiary (legal argument only) _X_
`
`2.Amount of time requested for both sides to complete presentation: 15 min.
`
`Check one of below:
`
`I have conferred with opposing counsel or pro se party in a good faith effort to
`resolve the matters without a hearing or
`
`I have been unable to confer with the pro se party because (state the
`circumstances):
`
`
`
`IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT,
`IN AND FOR MIAMI-DADE COUNTY, FLORIDA
`FAMILY LAW DIVISION
`
`Case No.: 2021-13 706-FC-04
`
`Section: FC 206 (Hon. Bernstein)
`
`Respondent/Wife._/REQUEST FOR HEARING
`
`IN THE MARRIAGE OF:
`
`ULYSSES DIAZ DE VILLEGAS,
`
`Petitioner/Husband,
`
`and
`
`TIRZA DIAZ DE VILLEGAS,
`
`SPECIAL SETTING
`1.Motion for which hearing requested:
`Index# 117: UMAT INVESTMENT GROUP CORP., SHALOM BUSINESS AND
`ACCOUNTING, AND STYLES AUTO SALES’ MOTION TO QUASH
`SUBPOENA DUCES TECUM WITHOUT DEPOSITION AND FOR
`PROTECTIVE ORDER- filed 08/04/2022
`
`Evidentiary (requires testimony)
`[courtesy copy of motion(s) attached]
`
`non-evidentiary (legal argument only) _X_
`
`2.Amount of time requested for both sides to complete presentation: 15 min.
`
`Check one of below:
`
`I have conferred with opposing counsel or pro se party in a good faith effort to
`resolve the matters without a hearing or
`
`I have been unable to confer with the pro se party because (state the
`circumstances):
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a true and correct copy of the foregoing was served via
`e-mail this 6th day of January 2023 to:
`Christopher Rumbold, Esq.
`Attorney for Petitioner/Husband
`2151 E. Commercial Blvd., Ste. 201
`Fort Lauderdale, FL 33308
`Tel: 954-914-7866
`Email: service@cwrlaw.net
`
`Annalie Alvarez, Esq.
`Attorney for Respondent/Wife
`8333 NW 53rd Street, Ste. 450
`Doral, FL 33166
`Tel.: 305-557-4300
`Email: eservice@aalvarezlaw.com;
`annaliealvarezesq@gmail.com
`
`TD Bank, N.A.
`Email: GSLSubpoenas@td.com
`
`By:
`
`DENNIS & DENNIS, P.A
`/s/J. 'Robert ‘Dennis
`Amarilis L. Dennis, FBN 553263
`J. Robert Dennis, FBN 617652
`Attorneys for Movant
`9100 S. Dadeland Blvd., Suite 406
`Miami, Florida 33156
`Telephone: 305-888-7102
`Email: dennisfamilylaw@gniail.com;
`rdennis@dennisfamilylaw.com;
`adennis@dennisfamilylaw.com
`
`
`
`DocuSian Envelooe ID: 088B413C-E9F1-4E4B-AB58-5C1B92A7F7A0
`Filing # 154694674 E-Filed 08/04/2022 01:57:29 PM
`
`IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT,
`IN AND FOR MIAMI-DADE COUNTY, FLORIDA
`FAMILY LAW DIVISION
`
`IN THE MARRIAGE OF:
`
`ULYSSES DIAZ DE VILLEGAS,
`
`Petitioner/Husband,
`
`and
`
`TIRZA DIAZ DE VILLEGAS,
`
`Respondent/Wife.
`
`Case No.: 2021-13 706-FC-04
`
`Section: FC 16 (Hon. Sarduy)
`
`UMAT INVESTMENT GROUP CORP., SHALOM BUSINESS AND ACCOUNTING,
`AND STYLES AUTO SALES’ MOTION TO QUASH SUBPOENA DUCES TECUM
`WITHOUT DEPOSITION AND FOR PROTECTIVE ORDER
`COMES NOW Mercedes Debora Reyes as President on behalf of UMAT Investment
`Group Corp., Shalom Business and Accounting, and Styles Auto Sales, by and through counsel,
`
`and for her Motion to Quash Subpoena Duces Tecum Without Deposition and for Protective
`
`Order states as follows:
`
`1.Respondent/Wife served a Subpoena Duces Tecum Without Deposition upon TD
`Bank, N.A. (hereinafter the “Subpoena”). A copy of the Subpoena is attached hereto as Exhibit
`1 and incorporated herein by reference.
`2.The Subpoena seeks confidential business information from entities that are not
`parties to this litigation, to wit; commercial banking information related to UMAT Investment
`
`Group Corp., Shalom Business and Accounting, and Styles Auto Sales.
`3.The Subpoena is overly broad and imposes an undue burden on UMAT
`Investment Group Corp., Shalom Business and Accounting, and Styles Auto Sales.
`The information sought by the Subpoena is available through less intrusive
`
`4.
`
`
`
`DocuSign Envelope ID: 088B413C-E9F1-4E4B-AB58-5C1B92A7F7A0
`
`means. The information is contained in Husband’s banking records as well as Husband’s tax
`records, including but not limited to Forms W-2 and
`TEDissued to Husband by UMAT
`RED
`Investment Group Corp., Shalom Business and Accounting, and/or Styles Auto Sales.
`5.As such, the Subpoena should be quashed and held for naught.
`6.If the Court determines the Subpoena should not be quashed as requested herein, a
`
`protective order restricting the use and dissemination of the information disclosed pursuant to the
`Subpoena is necessary to safeguard the confidential information sought by the Subpoena.
`7.Additionally, Movant should be provided an opportunity to review the records TD
`Bank, N.A., intends to release before same are produced to the parties to this action, to avoid the
`inadvertent production of records that are non-responsive to the Subpoena.
`8.Movant has incurred attorney’s fees as the result of the issuance of the Subpoena
`and it is appropriate that Wife be required to pay said fees.
`WHEREFORE, Mercedes Debora Reyes as President on behalf of UMAT Investment
`Group Corp., Shalom Business and Accounting, and Styles Auto Sales prays this Honorable
`Court enter an order quashing the Subpoena; alternatively, that this Honorable Court enter a
`protective order restricting the use and dissemination of the information disclosed pursuant to the
`Subpoena and grant Movant the right to review the records TD Bank, N.A., intends to release
`before same are produced to the parties to this action; for an award of Movant’s attorney’s fees
`incurred herein; and for such additional relief as the Court deems just and proper.
`
`2
`
`
`
`Dated:W™2_ f—OocuSigned by_Signature ofMovant
`
`DocuSign Envelope ID: 088B413C-E9F1^E4B-AB58-5C1B92A7F7A0
`
`Under penalties of perjury, I declare that I have read the foregoing and the facts alleged
`herein are true and correct to the best of my knowledge and belief.
`
`Printed Name: Mercedes Debora Reyes
`President of UMAT Investment Group Corp.,
`Shalom Business and Accounting, and Styles Auto
`Sales
`
`This document was signed after the execution ofAdministrative Order No. AOSC20-23
`Amendment 4, which temporarily suspended the requirement of Florida Family Law Forms to be
`notarized and signed in the presence of a notary or deputy clerk, in an effort to mitigate the
`effects of the Coronavirus (COVID-19).
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a hue and correct copy of the foregoing was served via
`e-mail this 4th day of August 2022 to:
`Christopher Rumbold, Esq.
`Attorney for Petitioner/Husband
`2151 E. Commercial Blvd.. Ste. 201
`Fort Lauderdale, FL 33308
`Tel: 954-914-7866
`Email: sei~vice@cwijaw.net
`
`Annalie Alvarez, Esq.
`Attorney for Respondent/Wife
`8333 NW 53rd Street, Ste. 450
`Doral. FL 33166
`Tel.: 305-557-4300
`Email: eseivice@aalvarezlaw.com:
`annaliealvarezesq@gmail.com
`
`TD Bank, N.A.
`Email:
`
`3
`
`
`
`DocuSign Envelope ID: 088B413C-E9F1-4E4B-AB58-5C1B92A7F7A0
`
`By:
`
`DENNIS & DENNIS, P.A
`/s/J. Robert Dennis
`Amarilis L. Dennis, FBN 553263
`J. Robert Dennis, FBN 617652
`Attorneys for Movant
`9100 S. Dadeland Blvd., Suite 406
`Miami, Florida 33156
`Telephone: 305-888-7102
`Email: dennisfamilylaw@gmail.com;
`rdennis@dennisfamilylaw.com;
`adennis@dennisfamilylaw.com
`
`4
`
`
`
`IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT,
`IN AND FOR MIAMI DADE COUNTY, FLORIDA
`Division: FAMILY_
`Case No.: 2021-0I3706-FC-04_
`
`ULYSSES DIAZ DE VILLEGAS,
`Petitioner,
`
`and
`
`TIRZA DIAZ DE VILLEGAS,
`Respondent
`
`SUBPOENA DUCES TECUM WITHOUT DEPOSITION
`
`THE STATE OF FLORIDA
`
`TO:
`
`TD Bank
`1103 Brickell Avenue
`Miami, Florida 33131
`
`YOU ARE COMMANDED to deliver or mail
`to the attorney whose name appears
`below, within twenty (20) days of your receipt hereof, the items on the attached Exhibit "A".
`You may comply with this subpoena by providing legible copies of the items to be produced to
`the attorney whose name appears on this subpoena by mail or delivery. You may condition the
`in advance, of the reasonable cost of preparing the
`preparation of the copies upon payment,
`copies. You have the right to object to the production pursuant to this subpoena at any time
`before production, by giving written notice to the attorney whose name appears on this subpoena.
`If you fail to furnish the records as provided above or timely object to this subpoena you
`may be in contempt of court. You are subpoenaed by the attorney whose name appears below
`and unless excused from the subpoena by the attorney or by the Court, you must respond to the
`subpoena as directed.
`THIS IS FOR RECORDS PICK-UP ONLY. NO TESTIMONY WILL BE TAKEN.
`
`DATED: July 14, 2022
`
`Respectfully submitted,
`
`EXHIBIT
`1
`
`
`
`Respectfully submitted.
`
`By: /s/ Annalie Alvarez,Esq._
`
`Law Office of Annalie Alvarez
`Florida Bar No. 040574
`8333 NW 53 Street, Suite 450
`Doral, Florida 33166
`Tel. (305) 557-4300
`Fax (305) 675-6377
`E-Mail: eservice@aalvarezlaw.com
`Secondary-Email:
`annaliealvarezesq@gmail.com
`Attorney for Respondent
`
`Any minor subpoenaed for testimony has the right to be accompanied by a parent or
`guardian at all times during the taking of testimony notwithstanding the invocation of the rule of
`sequestration of section 90.616, Florida Statutes, except on a showing that the presence of a
`parent or guardian is likely to have a material, negative impact on the credibility or accuracy of
`the minor's testimony, or that the interests of the parent or guardian are in actual or potential
`conflict with the interest of the minor.
`
`In accordance with the American with Disability Act of 1990, Persons needing special
`accommodation to participate in this proceeding should contact
`the Miami-Dade County
`Court’s ADA Coordinator at Lawson E. Thomas Courthouse Center, 175 N.W.
`lsl Avenue,
`Suite 2702, Miami, Florida 33128, or by telephone at (305) 347-7175 for voice or (305) 349-
`7174 for TDD and (305) 349-7355 for fax, within two working days of your receipt of this
`document. TDD users may also call 1-800-955-8771, or 711, for the Florida Relay Service.
`
`
`
`Exhibit "A"
`
`1.Copies of all checks written and deposited to the benefit of Ulysses Diaz De
`Villegas, or made out to his name or that of any entity he is a beneficiary of for any bank account
`in the name of UMAT INVESTMENT GROUP CORP, or SHALOM BUSINESS AND
`including the front and back of the
`ACCOUNTING and or including account number
`REDA
`check from January 2019 to the present..
`2.Copy or deposits including but not limited to wire transfer, bank transfers, Zelle,
`VENMO, Cashapp, or direct deposits to the benefit of Ulysses Diaz De Villegas, or made out to
`his name or that of any entity he is a beneficiary of for any bank account in the name of UMAT
`INVESTMENT GROUP CORP, or SHALOM BUSINESS AND ACCOUNTING and or
`including account number
`from January 2019 to the present..
`REDA
`Documentation of any other transactions pertaining to the above-referenced
`3..
`or SHALOM BUSINESS AND
`“UMAT INVESTMENT GROUP CORP,
`accounts,
`ACCOUNTING” including deposits, withdrawals and transfers and any information that relates
`that effected any such
`to funds deposited, withdrawn or transferred and/or the individual
`transaction for the benefit of Ulysses Diaz De Villegas or to any other account owned by Ulysses
`Diaz De Villegas.
`4.Any other information and instruction for disposition of funds withdrawn by any
`including mailing instructions pertaining to the above-referenced accounts, “UMAT
`means,
`INVESTMENT GROUP CORP, or SHALOM BUSINESS AND ACCOUNTING” for the
`benefit of Ulysses Diaz De Villegas or to any other account owned by Ulysses Diaz De Villegas.
`
`
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